willIWill
12-10 07:12 PM
Repenting that i miised the chance, and should have applied at that time.
Even if you had applied then when single, no difference my friend.
One still needs to retain the H1 so their dependants could have the H4. So, until the dates open up again there is no end in sight for the other benefits such as EAD etc.
If it is any solace, you actually did not miss the boat!
Even if you had applied then when single, no difference my friend.
One still needs to retain the H1 so their dependants could have the H4. So, until the dates open up again there is no end in sight for the other benefits such as EAD etc.
If it is any solace, you actually did not miss the boat!
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krishmunn
02-24 10:00 AM
If one can handle stress, anxiety and trauma while waiting for GC, then its worth waiting. If not, people like me start looking at options. I applied for Canadian PR in 2008 and just did CDN landing last week which gave my family feel of "cold weather".
I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.
We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.
Bhattji
I am planning to do the same ... apply for CDN PR. How much time did it take for you ? Also, much time do they allow for landing ? Do you need a US Visa to return after CDN Landing ?
I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.
We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.
Bhattji
I am planning to do the same ... apply for CDN PR. How much time did it take for you ? Also, much time do they allow for landing ? Do you need a US Visa to return after CDN Landing ?
Aah_GC
04-30 03:51 PM
I wonder how these guys can engage in a discussion without knowing the basics. WTF??????
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Kodi
09-12 12:38 PM
I applied May 8th EB2 Atlanta center and its been 127 days but no decision yet.
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Dhundhun
03-18 01:55 PM
Can you show us the source of your information? It is very clearly written on the IRS website that if Married and filing jointly, both need to have SSN. If one spouse has ITIN, you will not get ANY rebate.
Here it is:
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
I can feel my H1B friends being hurt due to such discrimination.
I did not ask for my wife's EAD, while filing AOS, because she don't want to work. IRS is forcing us (indirectly) to take EAD, so that SSA will provide SSN and then based on SSN, IRS will give stimulus benefit.
Here it is:
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
I can feel my H1B friends being hurt due to such discrimination.
I did not ask for my wife's EAD, while filing AOS, because she don't want to work. IRS is forcing us (indirectly) to take EAD, so that SSA will provide SSN and then based on SSN, IRS will give stimulus benefit.
bigboy007
06-03 01:35 AM
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
more...
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dpp
07-06 12:04 PM
The Visa Bulletin for July 2007 must be read in conjunction with the Update of July Visa Availability.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
I don't know why they changed it suddenly.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
I don't know why they changed it suddenly.
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naidu2543
07-14 02:46 PM
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reddog
03-12 10:52 AM
Not true. Anybody donates will get Donor status. This is started for last few days, so people who donated in last few days get this. Pappu mentioned that he is planning to cross reference this with old donations but not sure whats happening there.
This is how You release code to PROD? no user testing at all?
and the entire paid thing is the beginning of the end. not good.
why didnt we even have a poll on this? crazy crazy idea.
This is how You release code to PROD? no user testing at all?
and the entire paid thing is the beginning of the end. not good.
why didnt we even have a poll on this? crazy crazy idea.
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BharatPremi
04-16 02:22 PM
Yes, my status is changed to 'RIR-In Process' from 'TR-In Process' on 04/13/2007. Victim of PBEC
- BharatPremi
EB3-state:MA-PD:July'2003- Original TR-NowRIR
Anyone has their case converted to RIR recently at PBEC ?
Mine pending since Jan 2007.
- BharatPremi
EB3-state:MA-PD:July'2003- Original TR-NowRIR
Anyone has their case converted to RIR recently at PBEC ?
Mine pending since Jan 2007.
more...
black_logs
03-09 11:29 AM
So they'll probably take out schedule A workers(Nurses etc.) from EB3 category
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LuckyPaji
07-24 02:21 PM
I don't know much about the process, I just came to America less than 1 year back, but I know my lawyer was supposed to mail application to reach on July 2, 2007 instead he made a mistake to reach on June 29, 2007 because he said July 1, 2007 was a Sunday so he would rather be early than late. USCIS accepted and receipted me.
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
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Mouns
04-30 02:28 PM
The link got working again, but nothing is happening as of yet.
Nothing works for me. No visual / No audio. Nothing... :mad:
Nothing works for me. No visual / No audio. Nothing... :mad:
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saimrathi
06-08 04:04 PM
Congratulations!!
Did you mean your PD is Mar'04. PERM since Jan'05. Am I wrong?
Is your labor RIR or non-RIR? Please let us know.
Priority Date is Mar'05. RIR Type. HTH.
Did you mean your PD is Mar'04. PERM since Jan'05. Am I wrong?
Is your labor RIR or non-RIR? Please let us know.
Priority Date is Mar'05. RIR Type. HTH.
more...
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billu
08-05 01:40 PM
hi! i am a physical therapist on h1b...all this news abt retrogression is too scary...i had a few qs:
what is the scenario for someone like me who would file I-140 in the next couple of months?
what are the chances of Schedule A being alloted additional visa numbers in the next 2 years?
how much wait time would be expected under EB 3 category for India for someone whose priority date wud b oct or nov'07???
thanks
what is the scenario for someone like me who would file I-140 in the next couple of months?
what are the chances of Schedule A being alloted additional visa numbers in the next 2 years?
how much wait time would be expected under EB 3 category for India for someone whose priority date wud b oct or nov'07???
thanks
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gcsim
02-25 05:30 PM
Why do you think there are not many cases in 2005?
Yes pls can u explain that.
Yes pls can u explain that.
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never_giveup
08-14 10:45 AM
I have been reading your suggestions about visiting DC and/or organizing flower campaign. They are good suggestions and I really liked the flower campaign when it was first done in 2007. But I think, repeating it and sending bunches of flowers to the offices of senators would not influence them as much.
Instead I think, if we can all send some donations to a charity which each of these senators is associated to, it would help the charities and might also influence the senators/congressman more. This will also serve as a reminder about the positive contributions of the immigrant community to this country.
I would welcome suggestions from other experienced members on how this can be implemented. But my initial thoughts are, we identify the senators/congressman(woman) we want to contact, select a local charity, or a charity to which these people are associated with, and send in checks of 5 or 10 dollars per person to each of these charities.
Even if each of us is willing to contribute $100, we might be able to reach 10-20 of these lawmakers. And there is nothing we are losing here even if the lawmaker turns a blind eye to our cause. The money will be used for charity and so it serves some purpose.
And along with the donations, we can request them to support the Visa Recapture Bill, which will help all of us.
And my EB2 friends, we need your help also, as you never know how these dates can change in the coming months. Nothing is done and over untill you get the physical card. Dont mean to dampen your spirits, but you and I know what the truth is.
Let me know if there are any takers for this.
Instead I think, if we can all send some donations to a charity which each of these senators is associated to, it would help the charities and might also influence the senators/congressman more. This will also serve as a reminder about the positive contributions of the immigrant community to this country.
I would welcome suggestions from other experienced members on how this can be implemented. But my initial thoughts are, we identify the senators/congressman(woman) we want to contact, select a local charity, or a charity to which these people are associated with, and send in checks of 5 or 10 dollars per person to each of these charities.
Even if each of us is willing to contribute $100, we might be able to reach 10-20 of these lawmakers. And there is nothing we are losing here even if the lawmaker turns a blind eye to our cause. The money will be used for charity and so it serves some purpose.
And along with the donations, we can request them to support the Visa Recapture Bill, which will help all of us.
And my EB2 friends, we need your help also, as you never know how these dates can change in the coming months. Nothing is done and over untill you get the physical card. Dont mean to dampen your spirits, but you and I know what the truth is.
Let me know if there are any takers for this.
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mohanty99
07-18 10:56 PM
This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:
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willwin
09-12 10:49 AM
Let us continue a debate on
a) Pros of this idea
b) Cons of this idea
c) Alternative we might have.
Also, please do not get emotionally attach to an idea let democratically select that is best for the community.
Please limit to those ideas that are executable and within the bounds of law.
In my opinion, we should do this:
Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:
1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.
2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
Ask a question (larger font) on the same page, why keep us on limbo?
This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.
If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.
We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.
As always, ignore this idea if you guys dont like it.
a) Pros of this idea
b) Cons of this idea
c) Alternative we might have.
Also, please do not get emotionally attach to an idea let democratically select that is best for the community.
Please limit to those ideas that are executable and within the bounds of law.
In my opinion, we should do this:
Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:
1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.
2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
Ask a question (larger font) on the same page, why keep us on limbo?
This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.
If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.
We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.
As always, ignore this idea if you guys dont like it.
gctest
09-15 11:30 AM
keep supporting EB3 porting .. you wil then get your GC in 7 years
If somebody is eligible to jump from Eb3 -> EB2, then he should be allowed to jump.
I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.
I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.
Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.
Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p
Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:
YOu never know what rules will change in future. :confused:
If somebody is eligible to jump from Eb3 -> EB2, then he should be allowed to jump.
I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.
I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.
Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.
Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p
Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:
YOu never know what rules will change in future. :confused:
ndny
07-14 05:17 PM
Done!
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$11.00
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Don't ask me the reason why $11 ? Let me clarify; the amount of $11, $21, $51 ..etc...are called lucky amounts...
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